49 U.S.C. § 41706 — Prohibitions against smoking on passenger flights
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 317 words · no verdicts yet
This section bans smoking, including defined electronic-cigarette use, on specified passenger flights and requires regulations.
(a) An individual may not smoke in: (1) an aircraft providing scheduled passenger interstate or intrastate air transportation; or (2) an aircraft providing nonscheduled passenger interstate or intrastate air transportation when a flight attendant is a required crew member, as the FAA Administrator determines.
(b) The Secretary must require every air carrier and foreign air carrier to prohibit smoking in: (1) an aircraft providing scheduled passenger foreign air transportation; and (2) an aircraft providing nonscheduled passenger foreign air transportation when a flight attendant is a required crew member, as the Administrator or a foreign government determines.
(c)(1) If a foreign government objects that subsection (b) applies United States law outside the United States, the Secretary must waive subsection (b) for a carrier licensed by that government when an alternative prohibition negotiated under paragraph (2) takes effect and the Secretary enforces it. (2) After such an objection, the Secretary must negotiate with that government for an alternative smoking prohibition.
(d)(1) Using an electronic cigarette counts as smoking under this section. (2) “Electronic cigarette” means a device that delivers nicotine as inhaled vapor to simulate smoking.
(e) The Secretary must issue regulations needed to carry out this section.
An individual may not smoke—
in an aircraft in scheduled passenger interstate or intrastate air transportation; or
in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).
The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—
in an aircraft in scheduled passenger foreign air transportation; and
in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).
If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary.
If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.
The use of an electronic cigarette shall be treated as smoking for purposes of this section.
In this section, the term “electronic cigarette” means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.
The Secretary shall prescribe such regulations as are necessary to carry out this section.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, § 401(a), Feb. 14, 2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, § 409, Oct. 5, 2018, 132 Stat. 3331.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1141
- 2000Amended · Pub. L. 106-181 · 114 Stat. 159
- 2012Amended · Pub. L. 112-95 · 126 Stat. 83
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3331
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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